The lessons of the past 60 years amply demonstrate the limitations of working through the U.N. to advance human rights. In the end, perhaps the best the U.S. can hope for in these venues is to maintain the disappointing status quo, confirming already existing standards and human rights principles. Far more likely, regrettably, is an outcome that actually retreats from existing principles and harms the advancement of human rights around the world.
If the Human Rights Council proves immune to serious reform, the U.S. should work with countries that are genuinely interested in advancing fundamental human rights to establish an alternative human rights forum independent of the U.N. and the institutional constraints that impede its efforts in advancing this noble cause.[32]
Brett D. Schaefer is Jay Kingham Fellow in International Regulatory Affairs and Steven Groves is Bernard and Barbara Lomas Fellow in the Margaret Thatcher Center for Freedom, a division of the Kathryn and Shelby Cullom Davis Institute for International Studies, at The Heritage Foundation.
[1]"NGO Forum Declaration," World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, September 3, 2001, para. 420, at
http://www.i-p-o.org/racism-ngo-decl.htm (June 3, 2009).
[2]Colin L. Powell, "World Conference Against Racism," U.S. Department of State, September 3, 2001, at
http://2001-2009.state.gov/secretary/former/powell/remarks/2001/4789.htm (March 4, 2009).
[3]See Brett D. Schaefer, "The U.S. Is Right to Shun the U.N. Human Rights Council," Heritage Foundation WebMemo No. 1910, May 2, 2008, at
http://www.heritage.org/Research/InternationalOrganizations/wm1910.cfm.
[4]Mahmoud Ahmadinejad, "The World Without Zionism," speech to the Islamic Student Associations conference, Tehran, Iran, October 26, 2005, at
http://www.nytimes.com/2005/10/30/weekinreview/30iran.html?_r=2 (March 4, 2009), and "Ahmadinejad in Sudan: 'Zionists Are the True Manifestation of Satan,'" Haaretz (Tel Aviv), March 1, 2007, at
http://www.haaretz.com/hasen/spages/832229.html (March 4, 2009).
[5]Chairperson-Rapporteur of the Intersessional Open-Ended Working Group, "Revised Version of the Technically Reviewed Text," A/CONF.211/PC/WG.2/CRP.2, Preparatory Committee for Durban II, January 23, 2009, p. 9, at
http://www.eyeontheun.org/assets/attachments/documents/7376_Durban_doc_1-28-09.pdf (March 4, 2009). This document reflects the status of negotiations in the working group as of January 23, 2009.
[6]Ibid., pp. 13-14.
[7]Steven Groves, "Why the U.S. Should Oppose 'Defamation of Religions' Resolutions at the United Nations," Heritage Foundation Backgrounder No. 2206, November 10, 2008, at
http://www.heritage.org/Research/LegalIssues/bg2206.cfm.
[8]Press release, "U.S. Posture Toward the Durban Review Conference and Participation in the UN Human Rights Council," U.S. Department of State, February 27, 2009, at
http://www.state.gov/r/pa/prs/ps/2009/02/119892.htm (June 1, 2009).
[9]Ibid.
[10]Press release, "Durban Review Conference," U.S. Department of State, April 18, 2009, at
http://www.state.gov/r/pa/prs/ps/2009/04/121876.htm (June 1, 2009).
[11]The prepared remarks differed slightly from the delivered remarks. For a transcript of President Ahmadinejad's remarks as delivered, see Jeremy R. Hammond, "Full Text of President Ahmadinejad's Remarks at U.N. Conference on Racism," Foreign Policy Journal, April 21, 2009, at
http://www.foreignpolicyjournal.com/2009/04/21/full-text-of-president-ahmadinejads-remarks-at-un-conference-on-racism (June 1, 2009). For a news story on the changes between the delivered and prepared texts, see Bradley S. Klapper and Alexander G. Higgins, "Ahmadinejad Dropped Holocaust Denial from Speech: UN Says Iranian President Dropped Holocaust Denial Reference from UN Speech," ABC News, April 21, 2009, at
http://abcnews.go.com/International/wireStory?id=7386880 (June 1, 2009).
[12]Frank Jordans, "Iran Leader Sparks Walkout at UN over Israel: Iran's President Slams Israel, Sparks Western Walkout, Clown Protest at UN Conference," ABC News, April 20, 2009, at
http://abcnews.go.com/International/wireStory?id=7376946 (June 1, 2009).
[13]Jonas Gahr Støre, "Norwegian Statement," Durban Review Conference, April 20, 2009, at
http://www.norway.org.sg/policy/organizations/Durban+Review+Conference.htm (June 1, 2009).
[14]Navanethem Pillay, statement on speech by President of Iran at Durban Review Conference, April 20, 2009, at
http://www.un.org/durbanreview2009/stmt20-04-09_iran_pillay.shtml (June 1, 2009).
[15]Riyad Al-Maliki, Minister for Foreign Affairs, Statement by Representative of Palestinian Authority, April 21, 2009, Webcast, at
http://webcast.un.org/ramgen/ondemand/conferences/DurbanConference/2009/durban090421am-eng.rm?start=00:40:20&end=00:55:35 (June 1, 2009).
[16]Faysal Mekdad, statement by Syrian Arab Republic, Durban Review Conference, April 21, 2009, Webcast, at
http://webcast.un.org/ramgen/ondemand/conferences/DurbanConference/2009/durban090421
am-eng.rm?start=01:47:59&end=01:59:23 (June 1, 2009).
[17]Rafael Bernal Alemany, statement by Cuba, Durban Review Conference, April 21, 2009, Webcast, at
http://webcast.un.org/ramgen/ondemand/conferences/DurbanConference/2009/durban090421pm1-eng.rm
?start=01:43:49&end=01:54:14 (June 1, 2009).
[18]Abdel Daiem Zumrawi, statement by Sudan, Durban Review Conference, April 21, 2009, webcast, at
http://webcast.un.org/ramgen/ondemand/conferences/DurbanConference/2009/durban090421pm1
-eng.rm?start=02:21:43&end=02:34:39 (June 1, 2009).
[19]For respective statements of these countries, see Durban Review Conference, archived Webcasts, April 20-24, 2009, at
http://un.org/webcast/durbanreview/archive.asp (June 1, 2009).
[20]Australia, Canada, the Czech Republic, Germany, Israel, Italy, the Netherlands, New Zealand, Poland, and the United States.
[21]Durban Review Conference, "Outcome Document of the Durban Review Conference," April 20-24, 2009, at
http://www.un.org/durbanreview2009/pdf/Durban_Review_outcome_document_En.pdf (June 1, 2009).
[22]World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, "Declaration," 2001, pp. 9 and 13, at
http://www.unhchr.ch/pdf/Durban.pdf (June 1, 2009).
[23]Durban Review Conference, "Outcome Document of the Durban Review Conference" (emphasis omitted).
[24]International Covenant on Civil and Political Rights, December 16, 1966, Art. 20, at
http://www.unhchr.ch/html/menu3/b/a_ccpr.htm (June 2, 2009).
[25]During her closing press conference for Durban II, Pillay stated that "some countries decided to boycott it, although a few days earlier, they had actually agreed on what is now the final text. I consider this bizarre. You agree [to] the text on Friday evening, and walk out on Sunday. I think, it was unfortunate that a few states disengaged from the process. Although almost all of them had agreed [to] this text, they are not part of the consensus that adopted it. I do hope they will come back into the process now. They can still add their names to the list of 182 states that have adopted the outcome document." Navi Pillay, opening remarks at closing press conference, Durban Review Conference, April 24, 2009, at
http://www.un.org/durbanreview2009/stmt24-04-09_pillay.shtml (June 1, 2009).
[26]Tom Lantos, "The Durban Debacle: An Insider's View of the UN World Conference Against Racism," The Fletcher Forum of World Affairs, Vol. 26, No. 1 (Winter/Spring 2002), p. 32, at
http://fletcher.tufts.edu/forum/archives/pdfs/26-1pdfs/Lantos9.pdf (June 1, 2009).
[27]Pillay, statement on speech by President of Iran at Durban Review Conference.
[28]See Anne Bayefsky, "German Double Cross on Durban II," EYE on the UN Alert: Durban Watch, May 14, 2009, at
http://www.eyeontheun.org/durban.asp?p=829 (June 1, 2009).
[29]Mark Wallace, "Explanation of Vote by Ambassador Mark Wallace, United States Ambassador for Management Reform, on Agenda Item 128: Questions Relating to the Proposed Program Budget for the Biennium 2008-2009, in the Fifth Committee of the General Assembly," U.S. Mission to the United Nations, December 22, 2007, at
http://www.usunnewyork.usmission.gov/press_releases/20071222_387.html (June 1, 2009).
[30]Brett D. Schaefer , "The Obama Administration Will Not Make the U.N. Human Rights Council Effective," Heritage Foundation WebMemo No. 2432, May 11, 2009, at
http://www.heritage.org/Research/InternationalOrganizations/wm2432.cfm.
[31]For detailed recommendations, see Brett D. Schaefer, "U.N. Human Rights Council Whitewash Argues Against U.S. Participation," Heritage Foundation Backgrounder No. 2255, April 2, 2009, at
http://www.
heritage.org/Research/InternationalOrganizations/bg2255.cfm.
[32]Kim R. Holmes, Liberty's Best Hope: American Leadership for the 21st Century (Washington, D.C.: The Heritage Foundation, 2008), p. 122.
http://www.heritage.org/Research/InternationalOrganizations/bg2284.cfm